Good Governance and Regulatory Frameworks Lessons from the AU Agenda on Land

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Good Governance and Regulatory Frameworks Lessons from the AU Agenda on Land Joan Kagwanja Keynote, High Level Policy Dialogue Fourth High Level Forum on Global Geospatial Information Management (GGIM) Good Land Governance for the 2030 Agenda 20-22 April 2016 1

Content Background and Challenges Opportunities Interventions needed, at what cost Concluding remarks 2

I. Background and challenges

Colonial Legacy Pluralistic property regimes State sovereignty over land Displacement Land allocation Cultural Practices Discrimination against women Lack of representation Inalienable aspect land Communal land ownership Poor Governance Centralized structures Lack of transparency Inadequate consultation Low access to info Corruption Elite capture//land grab Poor financial resources Unequal access to land Inadequate/inappropriate policies/legislation Poor Land Management High cost/long period to secure rights Unfair land allocations Insecure land/ natural Resource rights and tenure Poor/unresponsive land administration Land disputes Low human resource capacity Poor land Information Systems (LIS)

Unequal access to land Insecure land/ natural Resource rights and tenure Land disputes Low/poor land investments Natural resource Degradation/climate change Low agriculture productivity Poor/ low urban development Increased food insecurity; low economic development, increased poverty, environmental degradation

Land governance challenges Inadequate security of the tenure of land --smallholder farmers, pastoralists, women, slum dwellers Insufficient and unequal access to land by women, smallholder producers; Poor governance and management of land, land based agricultural investments, wildlife/tourism, forests, Land based disputes and conflicts; Land, environment, and natural resource degradation; Unregulated haphazard peri-urban development 6

Challenges--weak policy and institutions Inappropriate governance system -- unresponsive policies, instruments, institutions Lack of comprehensive land policies that address challenges and realities of the land question and Africa s agenda for socio-economic development and regional integration. Weak legal provisions and fiscal instruments governing land Ineffective institutions and systems for land administration including outdated land information systems, inaccessible dispute resolution mechanisms and dismal land use maps and plans 7

III. Opportunities 8

A continental response to Africa s land challenges? Low political will/commitment by African govts Lack of sustainable donor support Inadequate lessons learning in policy formulation/implementat ion AU-ECA-AfDB Land Policy Initiative Cross-boarder aspects of land related disputes/issues Incoherent involvement of actors/partners Build evidence, partnerships/ Synergies/coherence/commitment in support of land Reforms Continental Platform for dialogue, consultation and consensus on African Agenda on Land Monitoring &Evaluation Framework

AU-ECA-AfDB Land Policy Initiative (LPI) Established in 2006 Executive Committee Joint Secretariat of the AUC, UNECA, AfDB Chairperson African Union Commission (AUC) EXECUTIVES (Joint Secretariat) Executive Secretary Economic Commission for Africa (ECA) President African Development Bank (AfDB) DEPUTY EXECUTIVES (JS Steering Committee) Deputy Chairperson, AUC Deputy Executive Secretary, ECA Vice President, AfDB DIRECTORS (JS WORKING GROUP ON LAND -JWGL) DREA, AUC RITD, ECA ANRC, AfDB Steering Committee JS-WGL DREA, AUC RITD, ECA ANRC, AfDB Regional (RECs) CENSAD, COMESA, EAC, ECCAS, ECOWA, IGAD, SADC, UMA, Continental PAP PAFO NPCA Observers EU FAO IFAD UN-HABITAT LPI Secretariat Director, RITD/ ECA Joint Trust Fund Director, SPOQD Technical Advisory Group Prominent Land Policy Experts Thematic & Regional Other Representation Program Assistant Research Assistant Information Assistant Land Experts Coordinator/Chief LPI Communication Officer M&E Officer AU, ECA, AfDB Focal Persons Program management/ National Officers Chiefs Partnerships, Program Management, Evaluation Program Management Officers 10

Africa commitments, instruments on Land Governance April 2009 July 2009 October 2011 May 2014 30% documented land allocation to Women October 2015 11

AU Declaration on Land Issues and Challenges: Key Commitments 12

Heads of States Committed to: Prioritise/ lead land policy development & implementation Develop appropriate institutional framework Allocate adequate budgetary resources Ensure laws provide for equitable access to land Strengthen women s land rights Member States Called to: Review land sector/develop comprehensive land policy Build adequate capacity (human, institutional, financial) Make use of the F&G to guide national land policy process 13

A call to AUC with ECA, AfDB, RECs to Establish institutional framework to implement Declaration Establish fund to support the implementation of Declaration Report back periodically on progress made A call to the RECs to Convene periodic platforms for exchange of experiences, lesson learning and dissemination of best practices Capture/ address issues of land within common agricultural, other frameworks 14 14

Agenda 20163--A Call to Action 72. We hereby adopt Agenda 2063, as a collective vision and roadmap for the next fifty years and therefore commit to speed-up actions to b. Provide opportunities for all Africans to have decent and affordable housing in clean, secure and well planned environments by: Ensuring effective and territorial planning and land tenure, use and management systems;

A CALL TO ACTION/2 e. Consolidate the modernisation of African agriculture and agro-businesses, through scaled up value addition and productivity, and by 2063: Develop and implement affirmative policies and advocacy to ensure women s increased access to land and inputs, and ensure that at least 30% of agricultural financing are accessed by women;

Agenda 2063 calls for gender equality/1 OUR ASPIRATIONS FOR THE AFRICA WE WANT 1. A prosperous Africa based on inclusive growth and sustainable development 3. An Africa of good governance, democracy, respect for human rights, justice and the rule of law 5. An Africa with a strong cultural identity, common heritage, values and ethics 6. An Africa, whose development is people-driven, relying on the potential of African people, especially its women and youth, and caring for children

Global instruments/initiatives CFS-VGGT: FAO and LPI have an MOU to support integrated implementation of the VGGT and F&G Donor support and coordination Global donor working group on land World Bank financial, technical support and LGAF Bilateral donors Training, research by think tanks Research and evidence Network of excellence on land governance (Germany support) to promote curricula development and training; as well as research, data collection and management 18

III. Interventions: What, At what cost 19

National Level What: Develop on Land policies and reform institutions Improve tenure security - communal & individual lands Increase access to land & tenure security for the poor & vulnerable Increase efficiency & transparency in land administration Resolving land disputes & managing expropriations Increase scope & effectiveness of land use planning Improving public land management Develop post-conflict land administration Strengthen land valuation functions & develop taxation frameworks Cost: 4.5 Billion over 10 years 20

Regional: Regional Economic Communities (RECs) What Develop REC capacities coordination/technical assistance Develop/implement program on land tenure and governance --regional agricultural frameworks and related protocols for cooperation Develop regional platform for dialogue, exchange and learning among states Coordinate implementation of a monitoring and evaluation framework Where and Cost All eight (8) recognized RECs by the AU in partnership with supportive regional bodies including regional legislative assemblies, regional farmers and civil society organization platforms 8 RECs @ 1-2 million for 10 years 21

Continental Level 22

African Land Policy Centre (ALPC) AU Summit and STC Decision; Establish appropriate Insittutional Framework; Leadership on the land sector including: setting the agenda on land issues, acting as a repository of knowledge and representing Africa on global platforms Create linkages/partnerships to bridge gap in technical assistance and funding African Land Policy Centre (ALPC) Driver of land continental policy and advocacy to ensure that land remains a priority in the policy agenda Creating continental and regional land platforms that enhances coordination in the land sector 23

African Land Policy Center Modalities Coordinate Initiatives of Actors Across Landscape Member States Donors RECS Think- Tanks CSOs Coordinate Resources and Knowledge Financing Research Policy/Advocacy Technical Assistance M&E Convene Continental Stakeholder Platforms: Working Groups on land governance convened periodically to report on progress, discuss new initiatives and share knowledge and best practices Support Regional Stakeholder Platforms: Meetings of member states and other actors facilitated by RECs and IE to coordinate land initiatives at a regional/country level, report on progress and share information

Funding Mechanism AU Summit /STC Decision Donor Donor Donor Donor Donor Donor African Fund for Land Policy African Land Policy Center (ALPC) RECs Member States Univ/Think Tanks CSO Platform

Concluding remarks What has worked A recognition by African leadership of the importance of land A unified approach to addressing land governance issues Instruments and tools at regional and global levels Support of partners What is needed Commitment of resources from government Support of partners to address land governance challenges 26

Thank You Email: landpolicy@uneca.org Website: www.uneca.org/lpi 27